TERMS AND CONDITIONS FOR USE OF OUR SERVICES (“CONDITIONS”)

The Customer’s attention is particularly drawn to the provisions of clause 11.

INTERPRETATION
1. Charges: The charges payable for any subscription you have with us and/or any services or products you purchase from us.
2. Contract: The contract terms applicable to your use of our gym and/or other facilities and/or products and/or services, comprising these Conditions together with any additional terms you sign up to with us.
3. Gym Etiquette: The behaviour standards which we consider are reasonable for you to follow in order to ensure the enjoyment of our facilities and services for all our customers.
4. Minimum Term: The minimum duration for which you are required to pay for any subscription you agree to have with us.
5. Our Email Address: [email protected]
6. Our Physical Address: Meridian Fitness, 38 Creek Rd, London SE8 3FN, United Kingdom
7. Us/We: Meridian Fitness Limited. Working Days: Monday – Sunday inclusive
BASIS OF CONTRACT
1. These Conditions shall apply to any use by you of our facilities or services. Any specific terms you agree with us for particular services or offerings shall apply only to the relevant offering.
2. Where you have signed up to a subscription with a Minimum Term, then subject to clause 3 below (Cooling Off Period), the subscription will continue in force for that agreed Minimum Term and shall automatically continue thereafter on a monthly basis, until terminated in accordance with clauses 12 and 13.
3. In order to use our facilities, you must be aged 18 years or over. Persons aged 16 or 17 may use all facilities other than the sauna and steam room, provided a signed parental consent form is on record.
4. The Contract constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise, or representation made or given by or on behalf of us, which is not incorporated into either these Conditions or any additional terms you have agreed with us.
5. Any samples, drawings, descriptive matter, or advertising issued by us, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely for the purpose of giving an approximate idea of the Services described in them.
6. These Conditions apply to all Contracts to the exclusion of any other terms.
7. From time to time, we may need to contact you about any subscription you have with us or the services you buy from us. It is therefore important that we have your up-to-date contact details (address, phone number, or email) on file.
8. References to notices being “in writing” in these Conditions or any Contract include notice by email or any other digital medium agreed by us from time to time.
COOLING OFF PERIOD
1. If you have signed up to a minimum subscription term for the use of particular services or facilities, but did not do this in person at our gym, you will have 14 full days after signup to cancel your subscription for any reason without liability. To exercise this right, you must inform us in writing.
2. Termination of a subscription not subject to a cooling off period is dealt with in clauses 16 and 17.
OUR OBLIGATIONS
1. We shall use reasonable endeavours to provide our services and facilities (collectively “Services”) to you but you acknowledge that our ability to provide the Services may be affected by circumstances beyond our control, such as a force majeure event (see clause 15.1 below).
2. We have the right to make any changes to the Services which are necessary to comply with any applicable law, regulation or safety requirement and/or which do not materially affect the nature or quality of the Services.
GYM ETIQUETTE AND CONDUCT
1. You agree to be bound by and observe Gym Etiquette and acknowledge that we may adjust what our management team consider to be unreasonable behaviour at any time and at our discretion.
2. You will not under any circumstances abuse our facilities or equipment and you will pay for any damage to our property. You will treat our staff and other users of our facilities with courtesy and respect at all times.
3. If you bring a guest to use our facilities, you will be fully liable and responsible for the actions and behaviour of that guest.
4. If you have a subscription with us, you must have you photograph taken for identification purposes. This will be stored on our database. It will be used solely by our business and will not be released to any third parties.
5. If your app does not show that you have a subscription for particular facilities, we reserve the right to charge you the standard casual rate applicable to use of the relevant facilities.
6. Before being allowed to use our gym facilities as a subscriber or as a casual user, you will be required to read and sign the Health Commitment Statement/Pre Activity Questionnaire and we reserve the right to ask you to have a supervised induction session. We can refuse access to the centre’s facilities if we consider your health maybe adversely affected by the use of such facilities.
7. Lockers that are not hired may be emptied every night and any contents found within will be stored for a period of 30 days (excluding any wet items) and will be treated as lost property. After the 30 days the property will be disposed of if not claimed. Any claim to the property during the said 30 days may be subject to a penalty charge.
REFURBISHMENT AND REPAIRS
1. You acknowledge that it may be necessary for us to close parts of or all of our facilities from time to time to carry out refurbishments or repairs and that this may disrupt our provision of the Services. You agree that any such disruption shall not constitute a breach of the terms of these Conditions or any Contract you may have with us.
2. We may change our opening times or withdraw any of the facilities at any time if we need them for events, tournaments, exhibitions or other special occasions.
SUBSCRIPTION CHARGES AND CHARGES FOR ADDITIONAL PURCHASES
1. We will arrange for the collection of any subscription you have with us.
2. Our fees and charges are subject to VAT at the prevailing rate. If the VAT rate is increased at any time during the term of any subscription you have with us, we will increase our charges to account for the new VAT rate with immediate effect.
3. If you upgrade a subscription to a different subscription category, you will be liable for any increase in fees with immediate effect.
4. You are unable to downgrade a subscription during any Minimum Term.
5. You are not permitted to transfer a subscription to another person.
6. Subscription fees are payable even if you do not use the Services for which you have subscribed.
7. Subscription charges are subject to periodic review and adjustment to accommodate factors such as operational costs, inflation, improvements in service offerings, regulatory changes, market conditions, and investments aimed at enhancing service quality and customer experience.
8. If the charges applicable to subscription you hold with us increases from time to time, other than pursuant to clause 7.2 above, we will only apply such increases at the end of any Minimum Term applicable to that subscription. Changes will be notified to the email address we have on file for you.
9. If you pay for any subscription with us by direct debit or card payment, you may at times purchase items from us and agree that the cost be added to your next automatic payment.
10. Should any subscription you have with us go unpaid due to insufficient monies in your account, we will continue trying to re-take the payment on a daily basis, Monday through Friday.
11. Without prejudice to any other right or remedy that we may have, if you fail to pay any charges due to us on any due date, we may:
  1. Suspend all Services until payment has been made.
  2. Raise a late payment charge.
  3. Cancel membership after two weeks of calling, emailing and sending SMS messages
  4. Require payment of previously unpaid charges and late fees, as well as new rates if the membership is subsequently renewed.
  5. Where such sum has been outstanding for more than 28 days, engage a collections agency to pursue you for the debt. You agree that you will be responsible for all costs of the agency seeking to recover payment from you.
12. We may, without prejudice to any other rights that we may have, set off any liability that we have to you against any liability that you have to us.
FREEZING MEMBERSHIP
1. You may freeze any subscription you hold with us for up to three (3) months. If you wish to freeze any subscription for longer than three (3) months (up to a maximum of twelve (12) months), we will need proof that you intend to re-commence regular membership after this period and that you have an important reason for asking to freeze your subscription for longer than three (3) months. Typically this will only be for the following reasons :
  1. Pregnancy
  2. Serious illness
  3. Serious injury
  4. Redundancy.
2. You may not freeze your subscription for less than two (2) weeks.
3. If you want to freeze a subscription, you must inform us in writing. We must receive this notice at least 15 days prior to your payment date. We will decide in our sole discretion whether or not to freeze your subscription based on the information provided.
4. If we agree to freeze a subscription you have with us, we will try to do this from the next payment due date.
5. We will not charge you subscription charges for any period during which your subscription is frozen. We will extend any Minimum Term applicable to your subscription by the number of full calendar months for which it is frozen, up to the maximum of twelve (12) months. If we increase our charges during the period that your subscription is frozen, you will have to pay any new charges that apply to your subscription, once your subscription re-activates.
6. You will not be allowed to use your subscription facilities during any period for which that subscription is frozen.
7. When you ask us to freeze a subscription, you will need to tell us when you plan to re-activate your subscription. We will then re-start taking subscription payments in the usual way. If you do not tell us when you want to re-activate your subscription, it will automatically re-activate after twelve (12) months.
PERSONAL TRAINING
1. All personal training sessions have a duration of either thirty (30) minutes or one hour.
2. You are responsible for arriving on-time to your training sessions.
3. If you need to cancel a personal training session, you must do this at least 24 hours in advance of the session. You will be charged for appointments cancelled subject to less than 24 hours’ notice.
4. All personal training packages expire six (6) months from the date of purchase. You must complete all personal training sessions by the expiration date of the training package. All packages are non- refundable/non-transferable.
SPA
1. The following terms are in place to care for our customers and therapists’ wellbeing and to ensure that everyone has a good spa experience with us.
2. Please register at least 15 minutes prior to your appointment time. If you arrive late, the time of the appointment may be shortened out of consideration to the next customer. Appointments with 15 minutes remaining at the time of your arrival or less, will be cancelled.
3. When making your booking, please advise us of any health conditions and any medication you are taking. On the day of your treatment, our spa team will ask you to complete a health questionnaire to ensure we are providing you the very best service and results, while assuring your comfort and safety. Please note that for certain medical conditions we will require written permission from your Doctor to proceed. Please speak to our Customer Care team for more information.
4. We are proud to offer a specialised menu of maternity treatments. Please ensure you inform your therapist if you are pregnant to allow us to tailor your experience. Please note our pregnancy and safety policy: no treatments can be given in the first 12 weeks of pregnancy.
5. Please note that we require full payment of treatment to secure your booking/slot/reservation.
6. If you need to change or cancel an appointment, we ask that you give us 48 hours’ notice, or the full cost/credit (points) of the treatment will be charged.
7. Our E-Gift Cards and Gift Cards are redeemable as part or full payment for treatments. They may not be used for the purchase of products. Our E-Gift Cards and Gift Cards are non-transferable, non- exchangeable and non-refundable and cannot be redeemed for cash or applied as payment to any account, unless required by law. We do not accept responsibility for cards lost, damaged or stolen or any unauthorised use of cards. The E-Gift Card or Gift Card is valid for the period listed on the relevant cardand cannot be extended.
LIMITATION OF LIABILITY: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
1. Nothing in these Conditions shall limit or exclude our liability for:
  1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
  2. fraud or fraudulent misrepresentation; or
  3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
2. Subject to clause 11.1:
  1. We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any Contract; and
  2. Our total liability to you in respect of all other losses arising under or in connection with any Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100.
3. Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from all Contracts.
4. You must either secure your personal belongings on your person or secure those in a locker provided by us. We will not be liable for any loss, damage or theft of any property brought onto any of our premises either secured or not secured in a locker.
5. We shall not be liable for any Services offered by any third parties including personal trainers not employed by us.
6. This clause together with clauses 1, 2, 7, 11, 14 and 15 shall survive termination of any Contract.
TERMINATION BY US
1. Without prejudice to any other rights or remedies which the parties may have, we may terminate any Contract immediately on giving notice to you if:
  1. You fail to pay any amount due under the Contract on the due date for payment and such sum remains overdue for payment one calendar month after the due date.
  2. You commit a material breach of these Conditions, Gym Etiquette and Conduct, including (without limitation) abusive or threatening behaviour, vandalism.
TERMINATION BY YOU
1. You may terminate a subscription you hold with us on one month’s notice at any time after the Minimum Term, but your notice shall only take effect one month from the payment date immediately following our receipt of your notice of termination.
  1. For example, if you need to give us one month’s notice to end a subscription and we receive your notice on 23 May, your notice will start from 1 June, it will run out on 30 June, your subscription will end on 30 June and you will pay one more monthly payment (on 1 June) after giving notice. The only exception to this is if you give us notice at the beginning of a month. This means that if we receive notice from you up to and including the fourth day of a month, we will treat it as if we received it on the first day of that month and the notice period will run from that day.
2. If you develop a medical condition which will or is reasonably likely to prevent you from being able to use subscription services safely on an ongoing basis (ie for more than twelve months). An appropriate medical practitioner must provide written evidence that this is so.
3. If you move away from the area by a distance which we consider, at our sole discretion, to be too far to travel to use our facilities on a regular basis. We shall require evidence that such a move has taken place.
4. If you wish to terminate a Contract, you must notify us in writing, either to our Email Address or to our Physical Address.
5. On application to terminate a subscription subject to a Minimum Term for any reason, you will be required to pay the balance of the subscription charges due for the balance of the Minimum Term.
6. We are entitled to retain any overpaid subscription charges where you have not followed the correct cancellation process.
7. Annual/short term fees paid in advance cannot be refunded under any circumstances. We provide multiple subscription options and the greater the commitment, the lower the overall annual subscription rate.
DATA PROTECTION
1. We take the privacy of our users seriously. If you have any questions about how we use your personal information, please do not hesitate to contact our Membership Services Team.
2. As part of our efforts to make further improvements to our Services, telephone calls to and from the Member Services Team may be recorded or monitored and used for training purposes. To protect the operation of our computer systems we monitor incoming and outgoing email.
GENERAL
1. Force majeure:
  1. For the purposes of the Contract, Force Majeure Event means an event beyond our reasonable control, including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or the workforce of any relevant third party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, pandemic/epidemic, fire, flood, storm or default of suppliers or subcontractors.
  2. We shall not be liable to you as a result of any delay or failure to perform our obligations under the Contract as a result of a Force Majeure Event.
  3. If the Force Majeure Event prevents us from providing any of the Services for more than 4 weeks, we shall, without limiting our other rights or remedies, have the right but not the obligation to terminate any Contract by providing notice in writing to you.
2. Complaints:
  1. If you would like to make a complaint with the service you have received from Meridian Fitness, this should be in writing to our Email Address or to our Physical Address.
3. Assignment and subcontracting:
  1. We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under a Contract and may subcontract or delegate in any manner any or all of its obligations under a Contract to any third party or agent.
  2. You may not assign, transfer, charge, subcontract or deal in any other manner with any or all of your rights or obligations under any Contract.
4. Waiver:
  1. A waiver of any right under these Conditions or an individual Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under these Conditions or any Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
  2. Unless specifically provided otherwise, rights arising under the Contract(s) are cumulative and do not exclude rights provided by law.
5. Severance:
  1. If a court or any other competent authority finds that any provision of these Conditions or any Contract (or part of any provision) to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these Conditions or the relevant Contract shall not be affected.
  2. If any invalid, unenforceable or illegal provision of these Conditions or any Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
6. No partnership: Nothing in these Conditions or any Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
7. Third parties: A person who is not a party to these Conditions or a particular Contract shall not have any rights under or in connection with it/them.
8. Governing law and jurisdiction: These Conditions and all Contracts, and any dispute or claim arising out of or in connection with any of the foregoing or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

TERMS AND CONDITIONS FOR USE OF OUR SERVICES (“CONDITIONS”)

Dear Customers,